I'm Disabled And Can't Get A Job, Can I Get Social Security Disability Benefits?

 Posted on April 30, 2011 in Social Security Disability

The economy is terrible and unemployment rates are at near all-time highs. You have a medical condition that makes it difficult for you to find a job. Whenever you have employment interviews, you feel as though the interviewer notices your medical condition and then immediately tells you "If we feel you meet the qualifications for the position, we will give you a call next week." The only problem is that when you leave the interview you just know that you will not be getting that call.

The next week comes along and the employer does not bother to call. Can employers legally tell you that they did not hire you because of your medical conditions, no, but that does not change that you feel as though your medical condition is preventing you from getting a job. Then you think to yourself, I have heard about getting Social Security disability benefits and I cannot get a job, maybe this is for me? I should start getting paid from the government because there is no way I can get a job, no interviewer would hire me because of my conditions. Should be no problem, right?

WRONG! The Social Security Administration ("SSA") considers a number of factors when determining whether you are disabled. However, SSA does not consider the likelihood of you actually getting hired for a position. SSA will consider your "ability" to perform a job. In other words, most people come to me and say something along the lines of "Who is going to hire someone in their early 50's with a history of back problems?" While it is true that finding a job in that scenario in this horrible economy could prove very difficult, SSA is only concerned whether that person could perform on the job, should he or she get it.

Along those same lines, I have been to a number of hearings where a Vocational Expert ("VE") at court would testify that there are 8000 jobs that my client could do. Almost every time this happens I look in my client's eyes and I can immediately read his or her thoughts bursting out as if to say "This guy must be crazy, to think that I could get 8000 jobs, I have been rejected by all kinds of jobs already!"

When thinking about applying for Social Security disability benefits, make sure you ask yourself whether your medical conditions are preventing you from "working," not whether it is preventing you from getting hired. Most importantly, if you feel that your medical conditions are preventing you from working, do not give up, keep fighting for those benefits!